戴西的宪法理论在中国颇有影响,其著作常被奉为“宪法经典”,但并不等于这部著作成为了应变万事的“真理”。本文从三个方面剖析了戴西的宪法理论中缺乏司法违宪审查的根源,即议会主权原则确立了法律的不可审查地位,形式化的法治原则绝断了追问法律是否正当的可能性,将宪法惯例故意释为宪法道德误导了对司法审查的认识。戴西宪法理论的这些特征与其法律实证主义的理论背景不可分,他通过对立政治与法律,使宪法与政治道德无涉。但是,戴西的宪法理论并不是无懈可击,本文在上述三方面的基础之上进一步揭示了其理论的“缺陷”,而这些“缺陷”为建立司法违宪审查制度给予了充分的提示。 Daisy’s constitutional theory is quite influential in China. His works are often referred to as the “constitutional classic,” but this does not mean that this book has become the “truth” of contingencies. This article analyzes the root causes of the lack of review of judicial review of constitutional law in Daisy’s constitutional theory from three aspects: that the principle of parliamentary sovereignty establishes the undeniable status of the law, that the formalized principle of the rule of law decides the legitimacy of legal questioning, Conventional deliberate interpretation of the constitutional moral misleading understanding of judicial review. These characteristics of Daisy’s constitutional theory are inseparable from the theoretical background of his legal positivism. He has made the constitution and political morality irrelevant by opposing politics and law. However, the constitutional theory of Daisy is not perfect. On the basis of the above three aspects, the thesis further reveals the “defects” of his theory, and these “defects” give sufficient hints for establishing the judicial review system.